What additional statement is required for newly found plants in a plant patent application?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When applying for a plant patent for a newly found plant, the inventor’s oath or declaration must include an additional statement. According to MPEP 1604 : Where the plant is a newly found plant, the inventor’s oath or declaration must also state that it was found in a cultivated area. This requirement applies to both pre-AIA and AIA applications. It helps distinguish between plants discovered in the wild versus those found in cultivated areas, which is important for determining patentability under 35 U.S.C. 161 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inventor’s Oath for Newly Found Plants in Cultivated Areas Required MPEP 1604 Required Inventor's Oath for Newly Found Plants in Cultivated Areas MPEP 1604 Required Oath Required for Newly Found Cultivated Plant MPEP 1604 Required Declaration Required for Plant Patents Filed After September 16, 2012 MPEP 1604 Permitted Inventor Must Asexually Reproduce Plant for Patent MPEP 1604 Required Inventor Must Asexually Reproduce Plant MPEP 1604 Required Requirement for Patent Applications Filed on or After September 16, 2012 MPEP 1604 Oath Must State Asexual Reproduction of Plant MPEP 1604 Required Inventor Must Asexually Reproduce Plant for Patent MPEP 1604 Required Not Applicable to Post-AIA Patent Applications MPEP 1604 Other Related FAQs 5 FAQs Collapse Can there be joint inventors for a plant patent? How does a plant patent application differ from other types of patent applications? What are the required elements of a plant patent application? What form can be used for a plant patent application declaration? How does the Plant Patent Application Declaration differ for applications filed before and after Sept...